Madras High Court today ordered stay of the trial at a mahila court of a girl suffering from hearing and speech impairement, who was allegedly gang raped.
Justice P N Prakash gave the order on a petition by the father of the victim seeking transfer of the investigation to CBI and to stay the trial in the mahila court in Krishnagiri district.
The judge referring to a Supreme Court Judgment said "when a prayer is made for the transfer of investigation to CBI, the accused should be made as party. Hence the petitioner is directed to file a petition to implead the accused as a party in the case."
The Judge after referring that four accused were arrested in the case and a final report was also submitted before the mahila court told the council for the petitioner that the charges were not framed merely on the basis of the opinion of the police, but framed on the materials collected during the investigation and on the statement recorded under section 164 Cr.Pc by the Magistrate.
The Judge said the statement recorded by the Magistrate cannot be suspected without adequate grounds thereof and if the stay is granted it will the accused who will beneit.
As the council for the petitioner did not relent the judge directed to implead the accused after granting interim stay on the trail.
